Pope Paul IV's Apostolic Constitution Cum ex Apostolatus Officio of February 15, 1559 t...

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Pope Paul IV's Apostolic

Constitution Cum ex
Apostolatus Officio of
February 15, 1559 taken from
the Bullarium Romanum, Vol.
4, I pp. 352-357, With
Commentaries Proving That It
Remains In Force, and Setting
Out Its Applications

©Vatican-In-Exile.com

Note: The following Legislation of Pope Paul IV, ordained specially in order to
prevent the accession to the Papacy, of Giovanni Cardinal Moroni (1509-1580),
suspected by Pope Paul IV of secretly being an apostate to Protestantism, has
been collated and corrected from several translations; emphases have been
added — Lúcio Mascarenhas.

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The Apostle's office entrusted to Us by God, though beyond any merit of Ours, lays upon Us the general
care of the Lord's flock. Hence We are bound, to watch over the flock assiduously, as a vigilant
shepherd, with faithful protection and wholesome guidance. We must see attentively to driving away
from Christ's fold those who, in Our time more consciously and balefully than usual, driven by malice
and trusting in their own wisdom, rebel against the rule of right Faith and strive to rend the Lord's
seamless robe by corrupting the sense of the Holy Scriptures with cunning inventions. We must not
allow those to continue as teachers of error who disdain to be taught.

1. Whereas We consider such a matter to be so grave and fraught with peril that the Roman Pontiff,
who is Vicar of God and of Jesus Christ on earth, holds fullness of power over peoples and
kingdoms, and judges all, but can be judged by no one in this world — (even he) may be corrected
if he is apprehended straying from the Faith. Also, it behooves us to give fuller and more diligent
thought where the peril is greatest, lest false prophets (or even others possessing secular
jurisdiction) wretchedly ensnare simple souls and drag down with themselves to perdition and the
ruin of damnation the countless peoples entrusted to their care and government in matters spiritual
or temporal; and lest it befall Us to see in the holy place the abomination of desolation spoken of
by Daniel the prophet, We wish, as much as possible with God's help, in line with our pastoral
duty, to trap the foxes that are busily ravaging the Lord's vineyard and to drive the wolves from
the sheepfolds, lest We seem to be silent watchdogs, unable to bark, or lest We come to an evil
end like the evil husbandmen or be likened to a hireling.

2. Now therefore, having thoroughly discussed these natters with Our venerable brothers the
Cardinals of the Holy Roman Church, upon their advice and with their unanimous consent, We
approve and renew, by Our Apostolic authority, each and every sentence, censure or penalty of
excommunication, suspension and interdict, and removal, and any others whatever in any way
given and promulgated against heretics and schismatics by any Roman Pontiffs Our Predecessors,
or considered as such, even in their uncollected letters, or by the sacred Councils recognized by
God's Church or in the decrees or statutes of the Holy Fathers or in the sacred Canons and
Apostolic Constitutions and ordinances. We will and decree that they be forever observed and, if
perchance now obsolete, that they shall be restored and shall remain in vigorous observance; that
the above mentioned sentences, censures and penalties shall be incurred by all who have, in the
past, been apprehended or have confessed or been convicted of deviating from the faith or falling
into some heresy or of incurring, inciting or committing schism or who shall hereafter — which
may God deign to avert through His decency and goodness toward all — stray or fall into heresy
or incur, incite or commit schism or be apprehended or confess or be convicted of so straying or
falling or inciting or committing, be they of any state, degree, class, condition or pre-eminence
whatever, even if illustrious as bishops, Archbishops, Patriarchs, Primates or other major Church
dignitaries, or with the honor of Cardinal or the position either permanent or temporary of Legate
from the Apostolic See in any place, or indeed the worldly authority or excellence of Count,
Baron, Marquis, Duke, King or Emperor.

3. We likewise consider it fitting that those who do not refrain from evil through love of virtue
should be deterred therefrom through fear of penalties. Bishops, Archbishops, Patriarchs,
Primates, Cardinals, Legates, Counts, Barons, Marquises, Dukes, Kings or Emperors, who must
teach others and give them good example to keep them in the Catholic Faith — when these
prevaricate, they sin more gravely than others; for they not only lose themselves, but drag down
with them to perdition and the pit of death countless other peoples entrusted to their care and
government or otherwise subject to them.

Upon advice and consent concerning such as these, through this Our Constitution, which is to
remain forever effective, in hatred of such a crime the greatest and deadliest that can exist in

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God's Church, We sanction, establish, decree and define, through the fullness of Our Apostolic
power, that although the aforesaid sentences, censures and penalties keep their force and efficacy
and obtain their effect, all and sundry Bishops, Archbishops, Patriarchs, Primates, Cardinals,
Legates, Counts, Barons, Marquises, Dukes, Kings and Emperors who in the past have, as
mentioned above, strayed or fallen into heresy or have been apprehended, have confessed or been
convicted of incurring, inciting or committing schism or who, in the future, shall stray or fall into
heresy or shall incur, incite or commit schism or shall be apprehended, confess or be convicted of
straying or falling into heresy or of incurring, inciting or committing schism, being less excusable
than others in such matters, in addition to the sentences, censures and penalties mentioned above,
(all these persons) are also automatically and without any recourse to law or action,
completely and entirely, forever deprived of, and furthermore disqualified from and
incapacitated for their rank; their Cathedrals, even Metropolitan and Patriarchal ones; Primatial
Churches; honor as Cardinals; position as any sort of Legate; active or passive voice and all
authority; and Monasteries, benefices and Church offices, with or without the care of souls,
whether secular or regular of any Order whatever which they may have obtained in any way, by
any Apostolic grant or concession by title, life-long tenure as administrators, or otherwise, and in
which or to which they have any right; likewise, any yearly fruit, yield or produce reserved or
assigned to them on similar fruit, yield or produce; also any County, Barony, Marquisate,
Dukedom, Kingdom or Empire.

They shall be treated, as relapsed and subverted in all matters and for all purposes, just as though,
they had earlier publicly abjured such heresy in court. They can never at any time be
reestablished, re-appointed, restored or be restored to capacity for their former state or for
Cathedral, Metropolitan, Patriarchal or Primatial Churches, for the Cardinalate or other
honor or for any other greater or lesser dignity or for active or passive voice, or authority;
or for Monasteries and benefices, or for the office of Count, Baron, Marquis, Duke, King or
Emperor.

Rather, they shall be left to the Judgment of the secular power, to be punished with a fitting
chastisement. Or else, by the kindness and clemency of this See, having shown signs of true
repentance and fruits of worthy penance, they shall be confined in some Monastery or other
religious house, to do perpetual penance in the bread of sorrow and water of sadness. As such they
are to be considered, treated, reputed; as such to be shunned and denied all solace of humaneness
by all persons of whatever state, degree, class, condition and pre-eminence, even those specially
distinguished as Bishops, Archbishops, Patriarch and Primates or through any other great
ecclesiastical dignity, even the office of Cardinal, or through worldly authority as Counts, Barons,
Marquises, Dukes, Kings and Emperors.

4. Let all who claim the right of patronage, or naming persons suitable for the Cathedral, and
Metropolitan, Patriarchal and Primatial Churches, or Monasteries or other Ecclesiastical benefices
falling vacant through such removal of the incumbents, seek to avoid the inconveniences of long
vacancy and to insure that positions so snatched from servitude to heretics shall be granted to
suitable persons who will direct the people thereof in the paths of justice.

They shall therefore be obliged, within the time fixed by law or by their concordats or pacts with
said See, to present to Us, or to the Roman Pontiff existing at the time, other persons suitable for
such Churches, Monasteries and benefices. Else, after such time has elapsed, full and free disposal
of the aforesaid Churches, Monasteries and benefices shall pass, ipso facto and by full right, to Us
or to the aforesaid Roman Pontiff.

5. Further, whoever knowingly presumes in any way to receive anew the persons so apprehended,

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confessed or convicted, or to favor them, believe them, or teach their doctrines shall ipso facto
incur excommunication, and, become infamous. They shall not and cannot be admitted orally, in
person, in writing, through any spokesman or procurator to offices public or private, or
deliberations or a Synod or general, or provincial Council, or a Conclave of Cardinals, or any
congregation of the faithful, or anyone’ s election, or to give testimony. They shall be incapable of
making a will, nor shall they receive any inheritance; furthermore, no one shall be obliged to
answer to them in any affair. If perchance, they be known as Judges, their sentences shall be
without any force; nor shall any lawsuits be heard before them.

If they be Advocates, their pleading shall in no wise be recognized. If they be Notaries, the
instruments prepared by them shall be wholly without effect or moment. Furthermore, clerics shall
be ipso facto removed from all and sundry Cathedral, Metropolitan, and Patriarchal Churches and
dignities, Monasteries, benefices and ecclesiastical offices, even those in any way obtained, as
stated above, by persons appointed through them. Both they and laymen appointed as aforesaid
and endowed with said dignities shall be ipso facto deprived of any Kingdoms, Duchies, Domains,
Fiefs, and temporal goods possessed through them.

The Kingdoms, Duchies, Domains, Fiefs, and such goods shall be confiscated and return to
the public domain, and shall come under the right and ownership of those persons who first
occupy them, provided they be unblemished in Faith, united with the Holy Roman Church,
and under Our obedience or that of Our Successors, the Roman Pontiffs canonically
designated.

6. Further, if ever at any time it becomes clear that any Bishop, even one conducting himself as
an Archbishop, Patriarch, or primate; or any Cardinal of the aforesaid Roman Church,
even as mentioned, a Legate; or likewise any Roman Pontiff before his promotion or
elevation as a Cardinal or Roman Pontiff, has strayed from the Catholic Faith or fallen into
some heresy, or has incurred, encouraged or incited schism, then his promotion or elevation
shall be null, invalid and void. It cannot be declared valid or become valid through his
acceptance of the office, his consecration, subsequent possession or seeming possession of
government and administration, or by the enthronement of or homage paid to the same Roman
Pontiff, or by universal obedience accorded him, or by the passage of any time in said
circumstances, nor shall it be held as quasi-legitimate. It shall not be considered to have given or
to give any power of administration in matters spiritual or temporal, to such persons promoted as
Archbishops, Patriarchs or primates or elevated as Cardinals or as Roman Pontiff. Rather, each
and, every one of their statements, deeds, enactments, and administrative acts, of any kind, and
any result thereof whatsoever, shall be without force and shall confer no legality or right on
anyone. The persons themselves so promoted and elevated shall, ipso facto and without need for
any further declaration, be deprived of any dignity, position, honor, title, authority, office and
power, without any exception as regards those who might have been promoted or elevated before
they deviated from the faith, became heretics, incurred schism, or committed or encouraged any or
all of these.

7. It shall be lawful for all and sundry who would have been subject to persons so promoted and
elevated, had these not first strayed from the Faith or been heretics, or incurred or incited or
committed schism; for clerics, secular or regular, and for laymen; likewise for Cardinals, even for
those who participated in the election of one straying from the Faith, or of a heretic or schismatic
to the Papacy, or who otherwise presented and pledged him obedience and paid him homage; and
for Castellans, Prefects, Captains, and also for officials of Our own beloved City and of all the
Papal States, even if obliged and beholden to said promoted or elevated persons by homage, oath
or bond, to depart with impunity at any time from obedience and, allegiance to said promoted and

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elevated persons and to shun them as sorcerers, heathens, publicans, and heresiarchs — though
subjects of the same remain, nevertheless, bound in fealty and obedience to future Bishops,
Archbishops, Primates, Cardinals and the canonically established Roman Pontiff.

For the greater confusion of persons thus promoted and elevated, if they attempt to continue their
government and administration, all may implore the aid of the secular arm against those so
advanced and elevated. Nor shall they be liable to reprisal through any censure or penalty, as
renders of the Lord's robe, for departing, for the reasons set forth above, from fealty and
obedience to said promoted and elevated persons; but they are to be avoided as warlocks,
heathens, publicans, and heresiarchs, although obedience and faithfulness are still due those
Bishops, Archbishops Patriarchs and Primates, Cardinals and the Roman Pontiff who enter
canonically.

8. The provisions of this Our Constitution, which is to remain valid in perpetuity, are to take effect
notwithstanding any Constitutions, Apostolic Ordinations, privileges, indults or Apostolic Letters,
whether they be to these same Bishops, Archbishops, Patriarchs, Primates and Cardinals or to any
others, and whatsoever may be their import and form, and with whatsoever sub-clauses or decrees
they may have been granted, even "motu proprio" and by certain knowledge, from the fullness of
the Apostolic power or even consistorially or otherwise howsoever; and even if they have been
repeatedly approved and renewed, have been included in the corpus of the Law or strengthened by
any capital conclaves whatsoever (even by oath) or by Apostolic confirmation or by anysoever
other endorsements or if they were legislated by Ourself. By this present document instead of by
express mention, We specially and expressly derogate the provisions of all these by appropriate
deletion and word-for-word substitution, so that these may otherwise remain in force.

9. In order, however, that this document may be brought to the notice of all whom it concerns, We
wish it or a transcription of it (to which, when made by the hand of the undersigned Public Notary
and fortified by the seal of any person established in ecclesiastical dignity, We decree that
complete trust must be accorded) to be published and affixed in the Basilica of the Prince of the
Apostles in this City and on the doors of the Apostolic Chancery and in the pavilion of the
Campus Florae by some of our couriers; We will further that a quantity of copies affixed in this
place should be distributed, and that publication and affixing of this kind should suffice and be
held as right, solemn and legitimate, and that no other publication should be required or awaited.

10. No one at all, therefore, may infringe this document of our approbation, re-introduction, sanction,
statute and derogation of wills and decrees, or by rash presumption contradict it. If anyone,
however, should presume to attempt this, let him know that he is destined to incur the wrath of
Almighty Cod and of the blessed Apostles, Peter and Paul.

Given in Rome at Saint Peter's in the year of the Incarnation of the Lord 1559, February 15, in the fourth
year of our Pontificate.

Pope Paul IV, February 15, 1559

Commentary I: Cum Ex Apostolatus Officio

Remains In Force

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It has been claimed by some that the above Law of Pope Paul IV ceased to be a law in force with the
enforcement of the Code of Canon Law of Popes St. Pius X and Benedict XV in 1917.

However, the Code itself does not claim to abolish previous law, and instead describes itself as being a
codification of previous laws.

Secondly, unlike the Modernists, who pretended to abolish all previous laws and to institute brand new
ones, it was never the intention of Popes St. Pius X or Benedict XV to abolish previous laws and to
institute brand new ones; the intention was merely a codification.

Thirdly, the Code itself points out to the original source documents for a fuller understanding of the
Canons of the Code, which can only be valid if those laws remain in force.

Fourthly, laws that are expressions of Divine Law, which is what Cum ex Apostolatus Officio is, cannot
be rescinded or abrogated. It must be borne in mind that Pope Paul IV did not invent a new law, but
merely found it necessary to forcefully restate an ancient and fundamental law pertaining to the very
nature of the Church: That non-members, including those who have defected, cannot become its heads.

Fifthly, no pope has the power to undo official teachings of the Church once formally adopted.

Therefore, this law remains in force.

We will have recourse to a Canon Law dissertation to explain the finer points of Canon 6. We
will base ourselves on Rev. Fr. Nicholas J. Neuberger's article Canon 6 from the Catholic
University of America, 1927, Rev. Fr. Amleto Cicognani's work 'Canon Law', as well as Father
Stanislaus Woywod's ’A Practical Commentary on the Code of Canon Law’, London, B. Herder,
1939. On page 28, Rev. Neuberger begins his examination of what constitutes the abrogation or
cessation of a law. In determining what is NOT abrogated in his final conclusions, Neuberger
writes:

“…if a prior law is bound up with an oath... which reads into it immunity from
abrogation, the law is not countermanded unless express mention is made to that
effect."

Here there is a footnote, on page 34 of Neuberger's work, to Laurentis’ 'Ius Canonicum

Universum', Vol. I, p. 110. Is 'Cum Ex' distinguished by such an oath? Paragraph ten of the Bull
reads:

'No one at all may infringe this document of our approbation, re-introduce, sanction
statue and derogation of wills and decrees, or by rash presumption contradict it. If
anyone, however, should presume to attempt this, let him know that he is destined to
incur the wrath of Almighty God and of the Blessed Apostles Peter and Paul.'

This paragraph provides not only the necessary immunity from abrogation by the legislator's
express wish to the contrary, but such an expression of the mind of the legislator with an oath of
condemnation. This same arrangement can also be found appended to St. Pius V’s Bull 'Quo
Primum', granting it, therefore, the same immunity. Prior to 1959 no express mention of any
contradiction of these Bulls was ever made by the Sovereign Pontiffs.

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Commentary II: Cum Ex Apostolatus Officio

Applied To The Interregnum
Let us proceed to draw out the conclusions of this amazing legislation.

Heresy, Apostasy &/ Schism Causes Loss of Office

All without exception, even Catholic leaders of nations; but especially clerics and religious,
Bishops, Archbishops, Patriarchs, Cardinals and even one appearing to be Pope are declared ipso
facto excommunicated if they have publicly committed heresy, apostasy or schism prior to
election or promotion. These leaders or members of the hierarchy also automatically lose their
offices.

Heretic & Schismatic Clergy Are Reduced To The Lay State

As a result of heresy, apostasy or schism, all clerics become simple laymen. They cannot be
rehabilitated, nor can they participate in any future Conclave or election. (Schism is the primary
error found today among the many Traditionalists. But this schism also is shot through with
heresy, especially concerning the nature of the papacy.)

No Declaration Is Needed To Suffer The Effects Of These

Censures
No declaration of this heresy, apostasy or schism or the subsequent deposition of clerics is
necessary. Even a man elected Pope who committed heresy prior to his election is automatically
deposed from his office. Bishops/archbishops and cardinals especially are held to a greater
responsibility in these matters than the laity; to whom more is given, more is expected.

The New Religion Of Vatican II Is Null & Void

Nothing an heretical usurper "pope" does, says, orders, his appointments or dismissals from any
position and all of his other acts are null and void. Likewise null and void are the acts of any
others mentioned above who became heretics, apostates and/or schismatics prior to their
promotions. (So no question of deposing a heretical Pope ever arises. Such a Pope was a heretic
prior to his election. One only deposes a usurper.)

Universal Obedience Or Acceptance Does Not Validate

Heretics
The election or promotion of heretics and/or schismatics cannot gain any validity by seeming
possession of the office, enthronement, homage paid or universal obedience rendered to one
believed to be a Roman Pontiff, or by passage of any length of time in such circumstances. Nor
shall such a person obtain any sort of quasi-legitimacy. (SSPX supporters most certainly do not
owe B16 and his predecessors any homage, nor can he be considered quasi-legitimate i.e.,

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material/formal. No matter how many accept and acclaim him or how long this imposture lasts,
such a heretic cannot gain validity.)

Disposal of Forfeited Offices

Forfeited offices ‘revert’ to the Public Domain, and may be entered into by any faithful Catholic.

Flee From Heretics Or Share In Their Punishments

Those who so accept or defend such an antipope whose heresy has been clearly demonstrated, or
whoever he has appointed as cardinals, bishops, etc. also are excommunicated ipso facto.
Cardinals, other clerics and laity who leave the service of an antipope or other heretic,
immediately upon realizing that these heretics' publicly demonstrated heresy requires
denunciation, are not held accountable for having once obeyed them.

Only A Pope Canonically Elected Is A True Pope

Obedience is owed only to the canonically established Roman Pontiff or those in obedience to
him and appointed by him. Bishops not in obedience to the Roman Pontiff and priests and laity
not in obedience to bishops under a true Pope are forbidden to function in any sacramental or
teaching capacity. (Notice that it is presumed that a true Pope exists despite the fact that the
usurper may still reign from Rome or elsewhere. The Bull also defines how this true Pope must
be established, which is according to Canon Law.)

This Law Cannot Be Abrogated

Pope Paul IV commands Catholics to avoid heretics, apostates and schismatics as "warlocks,
heathens, publicans and heresiarchs." He warns all who would infringe his bull that they will
incur the wrath of the Holy Apostles Peter and Paul.

Conclusion
It is quite clear that any and all who have publicly set up Traditionalist chapels and attended
these chapels are in schism. And clearly those trying to recognize Antipope John-Paul II and
Antipope Benedict XVI as partly legitimate to claim they have jurisdiction favor the usurpers
and are excommunicated.

Pope Paul IV reminds Catholics they must not associate with those outside the Church on pain of
sin.

If Traditionalists truly recognize the infallibility and indefectibility of the papacy, if they
honestly believe that this Law is infallible, then they have no choice but to bring their beliefs and
actions in line with this Law and obey it if they wish to escape excommunication.

That they have not done so in the 30 years that this Law has been made available is proof
positive that their pretensions to unity and reverence for the papacy are nothing more than empty
words.

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Their manner of acting alone constitutes heresy and schism.

Pope Paul IV's Apostolic Constitution Cum ex Apostolatus Officio of February 15, 1559 taken from the Bullarium
Romanum, Vol. 4, I pp. 352-357, With Commentaries Proving That It Remains In Force, and Setting Out Its
Applications

©Vatican-In-Exile.com

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